نشریه مطالعات میان رشته ای فقه
پیاپی 12 (پاییز 1402)

The new form of the government, which is being realized along with diversity, differences and distances, raises questions about the conditions of exercising government power in the societies entered in the postmodern era. With such a situation and by entering into complex relationships of mutual dependence and being present in the competition of various powers with which it is required to combine and pass through multiple lines of rupture, it seems that a significant part of the means of action and its ability to control the transformation Social has lost; The government is no longer considered to be the arena of purity, selflessness and sacrifice, but it is considered the position and position of pursuing individual interests. At present, this thinking has prevailed that the public administration should be efficient and beneficial like a private person, and this efficiency will lead to the realization of good management. According to the research, it should be said; The assumption based on which the public administration, which serves the public interest, is not able to provide efficiency and usefulness gave way to the idea that the administration is required to continuously improve its functions and reduce its costs, just like private individuals; The department is committed to carrying out its missions in the best possible conditions, and taking care of the quality of its support using the best tools and facilities available to it. Therefore, its difference with private institutions is fading. In this research, using a descriptive-analytical method, an attempt has been made to investigate the legality of the reduction of the specificity of the government in the post-modern era by distinguishing "public-private" as an element of fundamental thinking.

Forty years after the establishment of the Islamic Republic in Iran, the System L ead er as the highest authority in the country, Based on fears and hopes of following the right and wrong path in the past and present, Issued the “ Declaration of the Second Step of the Re volution ” . Researching about the c onsideration of the Declaration as Normative Ethics or Shari'a Rulings or Mandatory or Guiding O rders, and generally explain the relationship between the Declaration and “ governmental jurisprudence ” or “ jurisprudential government ” , has provided a broad research platform for jurisprudential and legal researchers. The Declaration contains sentences and phrases about justice, the fight against corruption, the resistance economy, independence, freedom, national dignity, and the like, which was mainly associated with the “should be” and “should not be” and its mandatory aspect is clear and obvious. The present article has tried to examine the type of requirements of the Declaration from a jurisprudential perspective and concluded that due to the variety of Declaration Requirements, we cannot list all of them in one legal entity . Although some of them can be included under the mandatory Orders , but many of them are Shari'a rulings and Rational Independents that the Supreme Leader has encouraged the nation and the authorities to implement them

The Ombudsman is a non-judicial grievance authority and a modern monitoring mechanism on the proper functioning of administrative and government organizations, which aims to develop democracy with the help of the powers and legal frameworks that are provided for this authority in each country to deal quickly and informally with The reports and complaints of individuals are related to any actions or omissions outside the regulations or inappropriate behaviors that occurred as a result of mismanagement in administrative and government organizations. In Iran, there is no institution called Ombudsman, but we can refer to its similar institution, the "National Inspection Organization", which has become a permanent member of the International Ombudsman Institute. The purpose of the current research, which is written in a descriptive-comparative way, is to scientifically examine the position of the Ombudsman in Iran in order to reduce the problems of judicial proceedings, which lead to the delay of proceedings and the obstacles that dominate the country's administrative system. The findings indicate that; The General Inspection Organization of the country, under the supervision of the judiciary, supervises and inspects in order to better implement the law and correct the existing process in the wrongful organizations, and it only has the task of following up and informing the decision-making bodies provided for in the law, but the supervision in The ombudsman institution is independent and discretionary social values of the country, because one of the basic pillars of a system is the expansion of justice and people. Leadership is whistle-blowing in discovering corruption and administrative violations, improving the level of performance and appropriate behavior of agents, discovering and rooting problems and providing corrective solutions that will be possible with continuous and powerful monitoring and inspection.

With the discovery of the atom and the increasing development of nuclear energy, extensive efforts were made at the level of the international community for the peaceful use of nuclear energy.The collection of these efforts led to the formation of a set of documents, treaties, customary rules and procedures for governments to regulate their nuclear activities within its framework. Today, the use of nuclear energy is an important issue in the world community, and the international law of nuclear activities considers and approves the achievement of peaceful atomic technology as a part of national sovereignty.In this context, Iran's nuclear activity is not separate from this issue, so that in recent decades, the country's nuclear activities have been the focus of the international community. The present article, with descriptive and analytical method, aims to answer the question, why peaceful nuclear activities Is Iran allowed?The results of this research show that Iran's nuclear activities under the protection of the holy Sharia and the principle of sanctity in not using nuclear weapons and in the light of the jurisprudence rule of the Nafisabil rule are only for peaceful purposes and to avoid non-Muslim domination over Muslims. Iran has always proven that it does not use its nuclear activities for peaceful purposes in accordance with international law.

In Islamic jurisprudence, there is a very important issue under the title of Islamic government, which is the distinguishing feature of the rules of Islamic law compared to other religions. In fact, in the teachings and opinions of Islamic jurists, the concept of political power has been recognized through the recognition of Islamic government. In the meantime, Shia jurists refrained from dealing with the issue of political power as one of the basic and main issues of Shia jurisprudence due to the specific socio-political conditions from the time of the beginning of Islam until the establishment of the first Shia governments. But after the formation of Shiite governments, the issue of political power became one of the most important issues in the field of political jurisprudence. The purpose of the current research, which was collected with descriptive-analytical method and library tools, is to analyze and evaluate the concept of political power in the thought of Shiite jurists. In the end, in light of the evolution of Shia thoughts, it is witnessed that in Shia political jurisprudence, given the openness of ijtihad from its outset to the present time, there have always been new mechanisms for ruling in the society, so that after the Infallible (pbuh), depending on historical conditions, other jurists and Islamic scholars have proposed various theories about political power.

One of the most important legal categories that is linked to responsibility and accountability is the civil responsibility of the lawyer. The need to respect this right is one of the issues that have not been addressed; Therefore, it is necessary to know the basics and areas of civil responsibility of a lawyer. Assuming that the fault is realized by the lawyer and its compensation through the mechanism of civil liability, the discussion of how to compensate, the amount and type of compensation and the person responsible for compensation, etc., arises. Some of these challenges can be answered by referring to the civil liability law of 1339, but the answer to some others requires a comprehensive law in this area so that in case of violation of the client's rights, the lawyers are responsible and required to compensate the damages. The main research question is what is the basis of the civil responsibility of the lawyer. In answer to this question, it can be said that the basis of responsibility in this field is the theory of fault. Therefore, in the light of referring to the general law of civil liability, we can expect compensation for the damage caused by the lawyer's civil liability by writing a comprehensive law, with a comparative approach to the laws of other leading countries in this field, as well as applying self-regulation rules.

Educational and precautionary measures are the practical consequences of theoretical criminology which is currently considered as one of the constituents of the countries criminal policy. Today, there are several categories of such measures presented by lawyers. These measures are the main outcome of the scientific intellectual movement having been common from the 18th century in Europe based on the Kant's sociological beliefs on the Criminal Code resulting in the logical positivism of the criminal law in the 19th century which have been regarded as solutions suggested by logical positivism for the neutralization of "dangerous state", against the recidivists and the crime prevention taken into account by penal systems from the late 19th century. Such actions were adopted as the first draft of the Swiss Criminal Code by Professor Carl Stoos, through draft Swiss Penal Code entrusted to him during 1892-1893. Subsequently and along with their traditional response to crime, i.e. punishment, the legislatures in other countries gradually accepted this concept and predicted it in their Criminal Code.

Legitimacy or illegitimacy of supererogation operations is one of the ongoing discussions of jurisprudence and law. For answering the question whether man has the right to conducting supererogation operations, first the concept of right must be analyzed and human’s different rights must be determined. Then man’s right to his self and the amount of domination he has over his it must be determined. Later, the conditions required for a supererogation operation to be considered to include Jihad reasons must be specified.This way we can respond to this question whether supererogation operations are legitimate or not. In the present paper it is concluded that considering man’s absolute right to be a perfect one and also the fact that man has complete control over his self unless there is a logical or religious restraint, in a supererogation operation in which a person is required to defend an Islamic land against aggressors, his actions are justified by Jihad reasons on condition that there is no other way for defense. Therefore the person has the right to it.